ML17053D677

Clarifies 821220 Environ Qualification Ser.Justifications for Continued Operation (Jco) Should Be Reviewed to Ensure That Jco Exists for All Equipment That May Not Be Qualified. Proprietary Review,Per Encl Guidelines,Due in 30 Days

ML17053D677
Person / Time
Site:	Nine Mile Point
Issue date:	04/08/1983
From:	Vassallo D Office of Nuclear Reactor Regulation
To:	Rhode G NIAGARA MOHAWK POWER CORP.
References
NUDOCS 8304210050
Download: ML17053D677 (12)

Text

April 8, 1983 Docket No. 50-220 Nr. G. K. Rhode Senior Yice President Niagara Nohawk Power Corporation 300 Erie Boulevard Hest

Syracuse, New York 13202

SUBJECT:

CLARIFICATION OF ENVIRONNENTAL QUALIFICATION SAFETY EVALUATION

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Re:

Hfne Hfle Point Nuclear Station, Unit Ho.

1 On December 20, 1982 the HRC staff issued a Safety Evaluatfon (SE) for Nine Nile Point Nuclear Station, Unit No.

1 on the environmental qualification of safety-related electrical equipment.

The SE was based on a Technical Evaluation Report (TER) prepared by our contractor, Franklin Research Center (Frank 1 fn).

Appendix 0 of the above TER provides a technical review of the licensee's state-ments regardfng the justification for continued operation (JCO) that was sub-mitted fn the 90-day response to an earlier staff safety evaluation (published in mfd-1981).

Appendix 0 is not necessarily applicable to the deficiencies identified in the enclosed TER.

You should review all JCOs submitted to date to ensure that a JCO exists for all equipment which may not be qualified.

'The thirty (30) day response required by the current SE should address equipment items in NRC Categories I.b, II.a and IV (note that Category IY was not mentioned fn the previous SE) for which justification for continued operation was not pre-viously submitted to the NRC or Franklin.

Guidelines for justification for continued operation are provided in paragraph (i) of 10 CFR 50.49.

These guide-lines should be utilized fn developing your justification for continued operation.

If your thirty (30) day response has already been submitted to NRC, you are requested to review your response in accordance with this clarification and notffy the HRC of any changes.

The due date of these responses as stated in the above referenced SE are revised and are now due within thirty (30) days of receipt of this letter.

The staff has developed a special procedure to address equipment presented in the TER which fs classffied as Category II.b (Equipment Not Qualified).

These items must be resolved as soon as possible.

For the Category II.b items, justification for continued operation must be provided or the technical

issue, which has placed the equipment in Category II.b must be resolved within ten (10) days of receipt of this letter.

Should your plant have equipment in Category II.b, telephone contacts regarding this special procedure should be expected from the HRC Pro)ect manager.

Should issues or conflicts exist, which prohibit a response in a timely manner, a

10 CFR 50. 54(f) letter will be issued.

OFFlCRP SURNAME/

OATE $

NRC FORM 318 u0.80) NRCM 0240 OFFICIAL RECORD COPY USQ PO: 1991~3&960

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~o Upon completion of the plant specific review for all plants, a cross-reference of non-qualified equipment existing in any plant wil'I be conducted hy the NRC staff to determine if the same equipment exists on other plants and has been declared qualified.

Should the cross-reference indicate that they do exist fn your plant, the staff will contact you to i econfirm the qualification of these items for your plant.

The ninety (90) day response required by the above referenced SE transmittal letter regarding the schedule for accomplishing proposed corrective actions has been superseded by the requirements of 10 CFR 50.49.

Paragraph (g) of the rule requires that by Nay ?0, 1983, licensees identify electrical equipment important to safety, within the scope of the rule, that is already qualified, and submit a schedule for the qualification or replacement of the remaining electrical equipment within the scope of the rule in accordance with the qualification deadline specified in paragraph (g).

The submittal required by the rule should specifically indicate whether your previous submittals comply with paragraphs (a) and (b) of 10 CFR 50.49.

In addition, you are requested to describe in your submittal the methods used to identify the equipment covered by paragraph 10 CFR 50.49(b)(2) and to establish any qualification programs not previously described for such equipment.

o The Technical Evaluation Report contains certain identified information,'which you have previously claimed to be proprietary.

We request that you inform us as indicated in the proprietary review section of the Safety Evaluation whqther any portions of the identified pages still require proprietary protection.

. It should be noted that the NRC's policy on proprietary information, as specified in SECY 81-119 is that summary data on equipment qualification testing will not be treated as proprietary by the NRC.

This information shall be submitted within thirty (30) days of receipt of this letter.

A general guideline is enclosed.

The reporting and/or recordkeeping requirements contained in this letter affect fewer than ten respondents; therefore, OHB clearance is not required

, under P.L.96-511.

Sincerely,

Enclosure:

Proprietary Review Information ORIGlDMIs SIGHED BY Domenic B. Vassallo, Chief Operating Reactors Branch g2 Division of Licensing cc wo/Enclosure See next page DISTRIBUTION:

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NRG FORM 318 u0-80) NRCM 0240 OFFICIAL RECORD COPY USGPO: 1981~960

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Mr, G.

K.

Rhode Niagara Mohawk Power Corporation CC:

Troy B. former, Jr,, Esq.

Conner 8 Wetterhahn Suite lOSO 1747 Pennsylvania Ave.,

NW Washington, D.C.

20006 Direc'tor,

'echnological Development Programs State of New York Energy Office Swan Street Building, CORE 1 - Second Floor Empire State Plaza

Albany, New York 12223 Mr. Robert P. Jones, Supervisor Town of Scriba R.

D.

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Oswego, New York 13126 Niagara Mohawk Power Corporation ATTN:

Mr. Thomas Perkins Plant Superintendent Nine Mile Point Nuclear Station P.O.

Box 32

Lycoming, New York 13093 John W. Keib, Esquire Niagara Hohhwk Power Corporation 300 Erie Boulevard West

Syracuse, New York 13202 Ronald C. Haynes Regional Administrator, Region I U.S. Nuclear Regulatory Comnission 631 Park Avenue King of Prussia, PA 19406 U.S. Environmental Protection Agency Region II Office Regional Radiation Representative 26 Federal Plaza New York, New York 10007 Resident Inspector c/o U.S.

NRC P.

0.

Box 126 Lycomi ng, New York 13093

PRD.""RI ETARY R=VI ="~

GUIDELINES It is the po3icy of the Nuclear Regulatory Commission that the records of the agency. are avail'able for inspection and copying in the NRC Public Document Room, except for matters that'are exempt from public. disclosure pursuant to the nine exemptions of the Freedom of Information Act.

(See 10 C.F.R. 2.790)

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Recently, the HRC has had its contractor, Franklin Research Center (FRC),

prepare Technical Evaluation Reports. for all 10 CFR Part 50 licensees.

These reports evaluate and comment upon the references cited by the licensee as evidence of qualification in accordance pith the documentation reference instructions established by IE Bulletin 79-01B.

In a typical evaluation, FRC generates a report of approximately 750 pages.

Any page which mentions or comments upon a licensee's referenced material

..that was marked or claimed to be proprietary is marked at the top of the

'age with the legend "Proprietary Information".

FRC has used this marking in a liberal manner and has not fully investigated the licensee's claim to determine whether portions of proprietary reports that they'eproduced or mentioned were in fact "proprietary".

A report typically contains 15 to 25 pages that are marked "Proprietary Information".

Usually, no more than

.4 licensee proprietary references are so discussed.

In order to make any of the reports available to the public, FRC has produced two versions of each:

those containing proprietary information and those having the pro-prietary-in,ormatioh removed.

The NPC now seeks the assistance of licensees in reviewing the proprietary versions of the FRC reports to determine whether still more information can be made available to the public.

For this reason, each licensee has been sent the Staff Equipment gualification SER.and a

copy o

the pr'oprietary version of the FRC TEchnical Evaluation

,e"~r

.

It is believe='hat the licensee can revi w.he few pages containing proprietary information in a relatively short period of time.

The licensee

'is to send the.hird p rty owner of the reference report, which has been cl aimeo to be proprietary, a copy of those pages from the FRC report that rela.es to its tes: r port.

The third party owner can quickly review

rase pages and determine whether the information-claimed to be proprietary must still be so categorized.

All reviewers should be aware of the HRC's policy, as spgcified in SECY-81-119, that su@mary data on Equipment qualification 'testing will not be treated as proprietary by the HRC. If the review id ntifies no data that requires protection, the NRC should'b'e notified and that portion of the report yill be placed. in the Public pooz.

If.

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the l.icens ee i denti fies to the HRC portions st i l 1 C I a i.=d

" re"."ire proprietary pro-'. ciion, hen compl iance W I "i;ia'e r,"i.h;.e i e>~ire.;.=n.s

)or withholc>,-,"u,.d r'10 C...R.

2'.7 0.

This can be accomplisl ed in two ways:

(1) If the reference proprietary rapport'has previously been submitted to the NRC pursuant to 10 C.F.R. 2.790 and the NRC has made a determination that portions are proprie.ary, then

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'.h"se same portions can be. pro+.ected again simply by notifying the NRC that this rat<<rial i'overed in the NRC's acceptance letter of a given date.

I the re,erence'proprietary report has nM previously been submitted to the NRC pursuant to 10 C.F.R. 2.790, then the licensee and the proprietary owner must at this time make such an application and request for wi.hholding from

'public disclosure.

The NRC recognizes tha ~ this proprietary review places an administrative burder.

upon its licensees and any third party owners.

However, it is the.

poli cv of.the NRC to. make.all non.-proprietary information public, and the only way to protect the owner of proprietary information is to insure

.hat the Franklin reports have been 'appropriately scrutini zed.

The NRC will grant extensions o

time for these reviews if necessary, on a case-by-case basis.

IV you have any further questions regarding this

review, please contact either Edward Shomaker, OELD, at 492-8553 or N='al Abrams, Patent

Counsel, at 492-8662.

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those same portions can be. protected again simply by notifying the HRC that this mater ial i

. covered in the HRC's acceptance letter of a given date.

If the re erence proprietary report has nM-previously bees submitted to the HRC pursuant to 10 C.F.R. 2.790, then the licensee and the proprietary owner must at this time make such an application and request for withholding from publ i c di s cl os ure.

The NRC recognizes that this proprietary review places an administrative burden'upon its licensees and any third party owners.

However, it is the policy of the HRC to make.al.l non.-pr.oprietary information public, and the only way to protect the owner of proprietary infomation is to insure

'hat the Franklin reports have been 'appropriately scrutinized.

o The HPC will grant extensions of +me for these reviews if necessary, on a case-by-case basis; Gf.you have any further questions regarding this

review, please contact either Edward Shomaker, OELD, at 492-8653 or.

Heal Abrams, Patent

Counsel, at 492-8662.

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